What types of Schedule 1 Orders can be made?
An application under Schedule 1 of the Children Act can provide a range of order for both maintenance and capital specific to the needs of your case
- Maintenance payments - assessed having regard to the financial circumstances of the parties
- A lump sum payment – this would need to be for a specific purpose, such as education or, for example, changing the layout of a property to meet a child’s disability needs.
- A transfer of the property for the benefit of a child - this could be to transfer a property to the resident parent to use until the child finishes education, or alternatively ordering that the non-resident parent purchases a property for the benefit of the child. This property could then be transferred back to the non-resident parent once the child had finished secondary education or another agreed date.
- Also in certain limited circumstances, a child over 18 may apply for financial provision against one or both of his/her parents; for instance to pay for university education.An application is made to the Court, setting out the request and providing background evidence as to why it has been made.
- How to make a applicaton
- An application is made to the Court, setting out the request and providing background evidence as to why it has been made.
- The Court will list the case for a first ‘directions’ appointment to consider the application and will direct the both parties disclose their financial situation
- When financial information has been exchanged the court will list the application for a further hearing to try and assist negotiations between the parties. To help the negotiations the judge may give some indications as to what he believes is an appropriate outcome in this case
- If a settlement cannot be negotiated the matter will be listed for a Final hearing where the court hears evidence from both parties and makes an order imposed on both parties
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